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(영문) 대구지방법원 2019.08.09 2019가단4295
노임
Text

1. The defendant shall select each of the parties to the plaintiff (appointed) and each of the designated parties listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 2017, the Defendant contracted the construction of electricity and facilities for the factory buildings located in Ansan-si, Seoul-si, a member-si, and subcontracted this to E (hereinafter “Nonindicted Company”).

B. Of the foregoing construction works, Nonparty Company subcontracted to “G” actually operated by F, and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs, etc.”) together with the Plaintiff (Appointed Party) were to work as piping lines in the above field from July 2017 to September 2017 through G.

C. The Plaintiff et al. did not receive wages for September 2017, stated in the “request amount” column for the “request amount” of each of the designated parties.

1) On November 1, 2017, the defendant and the non-party company (“the defendant and the non-party company”) are unable to pay on-site labor costs as a result of the settlement of construction costs at present in connection with the C Corporation, or as a matter of money from the non-party company, so if the defendant entered into a direct payment agreement with the non-party company on the labor costs within the limit of KRW 130 million (excluding value-added tax), which is the case of the change of the H and I East design (value-added tax) among the main construction works agreed upon with the non-party company, the defendant shall pay the labor costs from the defendant to the worker. ② The non-party company shall deduct part of the labor costs directly paid by the defendant from the settlement cost agreed later

2) On November 1, 2017, the date of the preparation of the above agreement, the Defendant’s On-the-spot Director prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The Defendant will confirm that the Defendant will make advance payment of the personnel expenses for pipeline workers unpaid by the non-party company at C in the first (10th November) and the second (30th November 30) 30% on two occasions.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Based on the facts alleged above and each evidence.

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